20071171 Ver 1_No Written Concurrence_20070823

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August 23, 2007
Onslow County
DWQ Project #: 071171
Midland Development Group
Attn: William Gulliford, III
1021 Oak Street
Jacksonville, FL 32204-3905
Subject Property: Kohl's Department Store -Gateway South Shopping Center
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Gulliford:
You have our approval, in accordance with the attached conditions; to impact 0.14 acres of wetlands
to construct a commercial retail store on the subject properly described in your application dated June
28, 2007. After reviewing your application, we have decided this fill is below the threshold for
written authorization as long as all conditions of General Water Quality Certification Number 3631
are met. This certification may also be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the Nationwide 39 Permit
when issued by the US Army Corps of Engineers
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in
the future) exceed one acre, compensatory mitigation maybe required as described in 15A NCAC 2H
.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires
or as otherwise provided in the General Certification. For this approval to be valid, you must follow
the conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
2. The wetland boundary must be clearly identified on all lots that have jurisdictional
wetlands present as depicted on the jurisdictional determination map approved by the US
Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.)
must be maintained on each lot until the lot is sold.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
N''on~~ehCarolina
~vatura~ly
North Carolina Division of Water Quality 1617 Mai] Service Center Raleigh, NC 27699-1617 Phone (9] 9) 733-7015 Customer Service
Internet: www.ncwaterqualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAff rmative Aclion Employer - 50% Recycledll0% Post Consumer Paper

Page Two
Midland Development Group
Attn: William Gulliford, III
DWQ Project #: 071171
August 23, 2007
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project. A recorded copy of
the deed notifications must be submitted to this Office and to the 401 Oversight and
Express Unit in Raleigh before the impacts to wetlands approved by this Certification can
take place.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions and the General Certifications are made conditions of the
Federa1404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
To ask for a hearing, send a written petition, which conforms to Chapter 1 SOB of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please telephone Ian McMillan at 919-715-
1786 or Joanne Steenhuis at our Wilmington Regional Office at [phone].
Sincerely, .~
:,
/ ~.c~-
Joanne Steenhuis
Senior Environmental Specialist
Enclosures GC 3631
Certification of Completion
cc: Michael D. Tolson, P.E. - H.C. Harris, Jr. Engineering & Surveying, P.A.
Ian McMillan -DWQ 401 Oversight Unit
Brad Shaver -Corps of Engineers Wilmington
Stephen Rynas - DCM Morehead City
Central Files
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